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(영문) 전주지방법원 2014.08.21 2014고단414
사기
Text

Defendants shall be punished by imprisonment for one year.

However, the above provisions are applicable to the defendants for two years from the date of the conclusion of the judgment.

Reasons

Criminal facts

On December 14, 2010, the Defendants conspired and made a false statement that “The construction of a new building is necessary to obtain permission for food manufacturing facility using Mapodo, and if the construction cost is short, the Defendants would receive the subsidies of KRW 200 million from the office of the United States Armed Forces at the same time as the construction of the building.”

However, in fact, the subsidies that the military administration scheduled to pay to the Defendants were limited to KRW 50 million, and at the time the Defendants had already been liable to pay KRW 200 million to the Defendants, and the Defendants did not have any intent or ability to pay the said subsidies even if they borrowed the money from the victims, on the grounds that the mortgage was established in an amount equivalent to KRW 193 million with the maximum debt amount on the land of the Seoul Special-gun, North Korea Coast Guard owned by Defendant B.

The Defendants received KRW 5 million from the victim as the borrowed money on the same day, and from March 8, 2013, the Defendants received a total of KRW 210,300,000 from that time to that time, as shown in the list of crimes in attached Form 19 times.

As a result, the Defendants were provided property by deceiving the victim in collusion.

Summary of Evidence

1. Defendants’ legal statement

1. Legal statement of witness E;

1. Each investigation report and evidential materials attached thereto;

1. The application of the notification of the selection of persons subject to the Agricultural Village Housing Improvement Project in 2010 and the notification of the change in Acts and subordinate statutes, such as the complaint, the certificate of debts, each statement of transactions, the notes, the receipt of loans, and the certificate

1. Relevant Articles 347(1) and 30 of the Criminal Act and the Defendants’ choice of punishment for the crime: Articles 347(1) and 30 of the Criminal Act; and

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. The Defendants are subject to suspended execution: (a) the Defendants, under Article 62(1) of the Criminal Act, committed the instant crime in depth when they led to the confession of the Defendants; and (b) the Defendants, under the mutual agreement between the victims and the Defendants, wanted the Defendants’ wife; and (c) the Defendants A.

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